Messing Adam & Jasmine LLP presents the second issue of 2017 of The Labor Beat. In it, we tell you what is going on with our clients (our attorneys too) and report on the cases that most affect our associations and their members, including the continuing fight for fair pension reform and right to collect fair share fees.
Further Update Re: FAIR SHARE FEE CHALLENGES
In this issue, we briefly summarize the various challenges to fair share fees that are making their way towards the Supreme Court of the United States (SCOTUS) for review. After this issue had gone to print, on September 28, 2017, SCOTUS granted certiorari in Mark Janus v. American Federation of State, County, and Municipal Employees, Council 31, et al., Case No. 16-3638. The question of whether a union may collect “agency fees” (aka “fair share fees”) from non-members is therefore once again before the Court. Conventional wisdom is that a majority of the Court are inclined to prohibit the collection of agency fees as an unconstitutional infringement of the 1st Amendment right of free speech. That outcome will dramatically affect public sector labor relations.
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